Freeman v. Commonwealth

A jury convicted John Middleton Freeman of the charge that he “did . . . feloniously produce or make sexually explicit visual material which has as a subject a person less than eighteen years of age,” Code § 18.2-374.1(B)(2), and fixed his punishment at two years in the penitentiary. Appealing from an order entered January 12, 1981, confirming the verdict, Freeman contends that the statute, read as a whole, is unconstitutionally overbroad and vague.

In the spring and summer of 1979, Freeman, an unmarried 61-year-old free-lance artist, befriended J.M., an attractive five-year-old girl who…